Sanchez v. Kijakazi, No. 2:2022cv00936 - Document 30 (D. Nev. 2023)
Court Description: ORDER Granting 29 Stipulation For The Award And Payment Of Attorney Fees And Expenses Pursuant To The Equal Access To Justice Act, 28 U.S.C. § 2412(D) And Costs Pursuant To 28 U.S.C. § 1920. Signed by Magistrate Judge Cam Ferenbach on 3/16/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Sanchez v. Kijakazi Doc. 30 Case 2:22-cv-00936-VCF Document 30 Filed 03/16/23 Page 1 of 6 1 2 3 4 Marc V. Kalagian Attorney at Law: 4460 Law Offices of Lawrence D. Rohlfing, Inc., CPC 12631 East Imperial Highway Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 Fax: (562) 868-8868 E-mail: marc.kalagian@rksslaw.com 5 6 7 8 9 10 Leonard Stone Attorney at Law: 5791 Shook & Stone 710 South 4th Street Las Vegas, NV 89101 Tel.: (702) 385-2220 Fax: (702) 384-0394 E-mail: CBrown@shookandstone.com Attorneys for Plaintiff Victor F. Sanchez 11 12 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 VICTOR F. SANCHEZ, 17 18 19 20 21 Plaintiff, vs. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:22-cv-00936-VCF STIPULATION AND PROPOSED ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920 22 23 24 25 26 27 28 TO THE HONORABLE CAM FERENBACH, MAGISTRATE JUDGE OF THE DISTRICT COURT: IT IS HEREBY STIPULATED, by and between the parties through their undersigned counsel, subject to the approval of the Court, that Victor F. Sanchez -1Dockets.Justia.com Case 2:22-cv-00936-VCF Document 30 Filed 03/16/23 Page 2 of 6 1 be awarded attorney fees in the amount of five thousand eight hundred dollars 2 ($5,800.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), 3 and costs in the amount of zero dollars ($0.00) under 28 U.S.C. § 1920. This 4 amount represents compensation for all legal services rendered on behalf of 5 Plaintiff by counsel in connection with this civil action, in accordance with 28 6 U.S.C. §§ 1920; 2412(d). 7 After the Court issues an order for EAJA fees to Sanchez, the government 8 will consider the matter of Sanchez's assignment of EAJA fees to Marc Kalagian. 9 The retainer agreement containing the assignment is attached as exhibit 1. 10 Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the 11 assignment will depend on whether the fees are subject to any offset allowed under 12 the United States Department of the Treasury's Offset Program. After the order for 13 EAJA fees is entered, the government will determine whether they are subject to 14 any offset. 15 Fees shall be made payable to Sanchez, but if the Department of the 16 Treasury determines that Sanchez does not owe a federal debt, then the 17 government shall cause the payment of fees, expenses and costs to be made 18 directly to Law Offices of Rohlfing & Kalagian, pursuant to the assignment 19 executed by Sanchez.1 Any payments made shall be delivered to Marc Kalagian. 20 This stipulation constitutes a compromise settlement of Sanchez's request 21 for EAJA attorney fees, and does not constitute an admission of liability on the part 22 of Defendant under the EAJA or otherwise. Payment of the agreed amount shall 23 constitute a complete release from, and bar to, any and all claims that Sanchez 24 25 26 27 28 1 The parties do not stipulate whether counsel for the plaintiff has a cognizable lien under federal law against the recovery of EAJA fees that survives the Treasury Offset Program. -2- Case 2:22-cv-00936-VCF Document 30 Filed 03/16/23 Page 3 of 6 1 and/or Marc Kalagian including Law Offices of Rohlfing & Kalagian may have 2 relating to EAJA attorney fees in connection with this action. 3 This award is without prejudice to the rights of Marc Kalagian and/or the 4 Law Offices of Rohlfing & Kalagian to seek Social Security Act attorney fees 5 under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 6 DATE: March 15, 2023 Respectfully submitted, LAW OFFICES OF ROHLFING & KALAGIAN, LLP 7 /s/ Marc V. Kalagian BY: __________________ Marc V. Kalagian Attorney for plaintiff VICTOR F. SANCHEZ 8 9 10 11 12 DATE: March 15, 2023 JASON M. FRIERSON United States Attorney 13 /s/ Margaret Lehrkind 14 MARGARET LEHRKIND Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) 15 16 17 18 19 20 OF COUNSEL: Julie A.K. Cummings Attorney Office of Program Litigation, Office 7 Social Security Administration 21 ORDER 22 23 24 25 26 27 28 Approved and so ordered: DATE: 3-16-2023 ___________________________________ THE HONORABLE CAM FERENBACH UNITED STATES MAGISTRATE JUDGE -3- Case 2:22-cv-00936-VCF Document 30 Filed 03/16/23 Page 4 of 6 PROOF OF SERVICE 1 2 3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the county of Los Angeles, State of California. I am over 4 the age of 18 and not a party to the within action. My business address is 12631 5 East Imperial Highway, Suite C-115, Santa Fe Springs, California 90670. 6 On this day of March 15, 2023, I served the foregoing document described 7 as STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES 8 AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 9 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920 on the 10 interested parties in this action by placing a true copy thereof enclosed in a sealed 11 envelope addressed as follows: 12 Mr. Victor F. Sanchez, II 6255 W. Tropicana Ave., #482 Las Vegas, NV 89103 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Santa Fe Springs, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. I declare that I am employed in the office of a member of this court at whose direction the service was made. Marc V. Kalagian ___ TYPE OR PRINT NAME /s/ Marc V. Kalagian___________ SIGNATURE Case 2:22-cv-00936-VCF Document 30 Filed 03/16/23 Page 5 of 6 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 2:22-CV-00936-VCF 2 3 4 5 6 I hereby certify that I electronically filed the foregoing with the Clerk of the Court for this court by using the CM/ECF system on March 15, 2023. I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the CM/ECF system, except the plaintiff 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 served herewith by mail. /s/ Marc V. Kalagian _______________________________ Marc V. Kalagian Attorneys for Plaintiff Case 2:22-cv-00936-VCF Document 30 Filed 03/16/23 Page 6 of 6 /s/ Young Cho
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